Aug 22, 2012

On January 1, 2013, a new 3.8% Federal tax on the
investment income of individuals, estates, and trusts is scheduled to
come into force. This new tax will be imposed on interest, dividends,
annuities, royalties, rents, capital gains, and certain other items. The tax will be in addition to all otherwise applicable Federal, state, and local income, transfer, and other taxes. This post focuses on the tax's application to owner-occupied
residential property (including single-family homes, condominiums, and
cooperative apartments).1 Although the tax is complicated, here are a few simple rules to guide you:

In general, if an individual's home is sold, the 3.8% tax will be
imposed on the gain "recognized" by the seller (and not on the gross
purchase price).

As you are aware, a limited portion of an individual's gain on the
sale of a primary residence (generally, $250,000 for a single
individual, and $500,000 on a joint return) may not be taxable for
ordinary Federal income tax purposes. The same rule applies for
purposes of the new tax.

If the seller's "adjusted gross income" (with certain modifications)
is below specified levels (generally, $200,000 for a single individual,
or $250,000 on a joint return), the seller may be exempt from the new
tax.

Sellers should consult with a qualified tax advisor to determine the
application of the new tax, as well as the application of all other tax
rules, to the seller's particular circumstances.

1 Different rules may apply to other types of property, including second homes and investment properties. Source: REBNY Real Estate Board of New YorkContact me at 917-312-0924 to sell your property before January 1, 2013.

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